S v Koch (67/89) [1991] ZASCA 29; 1991 (2) SA 741 (AD); [1991] 2 All SA 420 (A) (26 March 1991)

S v Koch (67/89) [1991] ZASCA 29; 1991 (2) SA 741 (AD); [1991] 2 All SA 420 (A) (26 March 1991)

The court held that the entry fee of R10 collected for participation in the competition constituted a 'contribution' as defined by section 1(1) of the Fundraising Act No 107 of 1978. The statutory definition includes money transferred not in fulfilment of a legally enforceable obligation, except for donations or gifts, and where the mere transfer does not confer a right to claim any consideration except in relation to a competition. The court found that the transfer of R10 was indeed a donation or gift and that the right to participate in the competition constituted consideration falling within the statutory exception. Therefore, the collection of such funds without authorisation was...

Citation
[1991] ZASCA 29
Parties
Appellant: Daniel Paulus Koch; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1991
Case Number
67/89
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal dismissed; the decision of the lower court is upheld.
Judges
Joubert, Steyn, F H Grosskopf, Goldstone, Preiss
Legal Topics
Fundraising Without Authorisation, Statutory Interpretation, Definition of Contributions, Competition Scheme, Criminal Liability
Criminal Law Commercial and Corporate Fundraising Without Authorisation Statutory Interpretation Definition of Contributions Competition Scheme Criminal Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Paulus Koch

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the collection of entry fees for a competition without authorisation constitutes a contravention of section 2 of the Fundraising Act No 107 of 1978.
  2. 2 How the statutory definition of 'contributions' applies to the facts of the case.
  3. 3 Whether the transfer of money in the context of a competition falls within the statutory exceptions.

Ratio Decidendi

The court held that the entry fee of R10 collected for participation in the competition constituted a 'contribution' as defined by section 1(1) of the Fundraising Act No 107 of 1978. The statutory definition includes money transferred not in fulfilment of a legally enforceable obligation, except for donations or gifts, and where the mere transfer does not confer a right to claim any consideration except in relation to a competition. The court found that the transfer of R10 was indeed a donation or gift and that the right to participate in the competition constituted consideration falling within the statutory exception. Therefore, the collection of such funds without authorisation was...

Court Disposition

Appeal dismissed; the decision of the lower court is upheld.

Orders

  • The appeal is dismissed.
  • The order of the lower court is confirmed.